2015 Delaware Code
Title 24 - Professions and Occupations
CHAPTER 13. PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES
§ 1305 Board membership; eligibility.

(a) The Board is composed of the following members:

(1) The Superintendent of the Division of State Police or a designated representative;

(2) The Attorney General or a designated representative;

(3) Three public members shall be appointed by the Governor, who are residents of the State of Delaware;

(4) Two members shall be appointed by the Governor, who are licensed under this chapter, who have been engaged for a period of 5 consecutive years as a private investigator and who are not employed by the same person as any other member of the Board;

(5) Two members shall be appointed by the Governor, who are licensed under this chapter, who have been engaged for a period of 5 consecutive years as a security services contractor, and who are not employed by the same person as any other member of the Board, who:

a. Is licensed under this chapter as an owner or operator of a guard company;

b. Has operated for at least 5 consecutive years as a guard company; and

c. Is not employed by a person who employs any other member of the Board.

(b) A person is not eligible for appointment as a public member if the person or the person's spouse:

(1) Is licensed by an occupational regulatory agency in the field of private security;

(2) Is employed by or participates in the management of a business entity or other organization related to the field of private security; or

(3) Has, other than as a consumer, a financial interest in a business entity or other organization related to the field of private security.

(c) A member of the Board may not be an officer, employee or paid consultant of a trade association in the private security industry.

For the purpose of this section, "trade association" means a nonprofit, cooperative, voluntarily joined association of business or professional competitors that is designed to assist its members and its industry or profession in dealing with mutual or professional problems and in promoting their common interests.

(d) It is grounds for removal from the Board if a member:

(1) Does not have, at the time of appointment, the qualifications required by paragraph (a)(5)a. or b., of this section for appointment to the Board;

(2) Does not maintain, during the service on the Board, the qualifications required by paragraph (a)(5)a. or b., of this section, for appointment to the Board;

(3) Violates a prohibition established in subsection (b) of this section;

(4) Does not attend at least 1/2 of the regularly scheduled meetings, held by the Board, in a calendar year, excluding meetings held when the person was not a member of the Board; or

(5) Is unable to discharge the members' duties for a substantial part of the term of which the member was appointed because of illness or disability.

The validity of an action of the Board is not affected by the fact that it was taken when a ground for removal of a member of the Board existed.

If the Director has knowledge that a potential ground for removal exists, the Director shall notify the Chairperson of the Board of the ground. The Chairperson of the Board shall then notify the Governor that a potential grounds for removal exists.

(e) Notwithstanding the provisions of this section, all Board members serving as of June 27, 1994, shall continue to serve the balance of their term.

69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 347, § 1.;